[2004] KEHC 2564 (KLR)
The court found that the plaintiff had, on a balance of probabilities, established that she purchased the land and caused it to be registered in the defendant's name to hold in trust for her. The defendant failed to contest the claim or provide any evidence to the contrary. The court was satisfied that the trust...
Source-derived case information.
- Citation
- [2004] KEHC 2564 (KLR)
- Parties
- Plaintiff: Ruth Mary Wambui; Defendant: Muchiri Gachemi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 54 of 2001
- Procedural Posture
- Civil Suit / Formal Proof Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Trusts in Land, Land Transfer, Constructive Trust, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Mary Wambui
Plaintiff
Muchiri Gachemi
Defendant
Procedural Posture
Civil Suit / Formal Proof Judgment
Legal Issues
- 1 Whether the defendant holds land parcel OTHAYA/IHURIRIO/118 in trust for the plaintiff.
- 2 Whether the plaintiff is entitled to a transfer of the said land from the defendant.
Ratio Decidendi
The court found that the plaintiff had, on a balance of probabilities, established that she purchased the land and caused it to be registered in the defendant's name to hold in trust for her. The defendant failed to contest the claim or provide any evidence to the contrary. The court was satisfied that the trust existed and that the plaintiff was entitled to a declaration of trust and an order for transfer of the land. The judgment was entered as prayed in the plaint, with costs to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- A declaration is issued that the defendant holds land parcel OTHAYA/IHURIRIO/118 in trust for the plaintiff.
- The trust is determined and the defendant is ordered to transfer land parcel OTHAYA/IHURIRIO/118 to the plaintiff.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 54 OF 2001 RUTH MARY WAMBUI………………..…………..PLAINTIFF VERSUS MUCHIRI GACHEMI…………………………….DEFENDANT JUDGMENT The Plaintiff’s suit filed on 22nd February, 2001 was not challenged at all and so the matter proceeded by way of formal proof on 16/9/2004.
The Plaintiff claimed in her plaint that in or about 1957 she bought a piece of land from one Waweru Mbure measuring about 6 acres which piece of land was registered asOTHAYA/IHURIRIO/118. She caused the said piece of land to be registered in the name of the Defendant to hold the same in trust for her. She continued to use and occupy the land and still does so to-date but the Defendant has neglected to transfer the land to her despite repeated requests for him to do so.She therefore prayed for a declaration that the Defendant was holding the said land in trust for her and an order for the determination of the trust and transfer of the said parcel of land to her.
The Plaintiff formally proved her claim on 16/9/2004 and I am satisfied that on a balance of probabilities she established her claim and consequently I enter judgment as prayed in the plaint. The Defendant shall bear the costs of the suit.
DATED at Nakuru this 30th day of September, 2004.
DANIEL MUSINGA AG. JUDGE 30/9/2004